MACKLOWE v. DAYTON HOLDINGS INTERNATIONAL N. V.


261 A.D.2d 321 (1999)

690 N.Y.S.2d 434

HARRY MACKLOWE, Doing Business as MACKLOWE ORGANIZATION, Respondent, v. DAYTON HOLDINGS INTERNATIONAL N.V., Appellant, and LOEB, BLOCK & PARTNERSHIP L. L. P., Defendant. DAYTON HOLDINGS INTERNATIONAL N.V., Appellant, v. MACKLOWE ORGANIZATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 27, 1999.


There exists an issue of fact which precludes summary judgment, specifically, whether the plaintiff buyer gave defendant sellers notice of the existence of the building code violations such that defendants had an opportunity to cure in order to convey title "free and clear of all liens and encumbrances other than the permitted exceptions" as set forth in the contract...

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